Medical Malpractice Attorneys Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today.

A Historical Look at Medical Malpractice

new jersey philadelphia Medical Malpractice Attorneys six general rules

The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework.
(1) An individual who is “licensed to practice medicine is presumed to possess the degree of skill and learning which is possessed by the average member of the medical profession in good standing in the community in which he practices.” These doctors are also expected to use ordinary and reasonable care when treating patients.
(2) Prior to a medical professional being held liable for medical malpractice, “he must have done something in his treatment . . . which the recognized standard of good medical practice in the community in which he is practicing forbids in such cases, or he must have neglected to do something which such standards require”.
(3) Medical malpractice attorneys must bring in affirmative evidence to prove the relevant standard of medical practice in the community, which is often shown through expert witnesses and other doctors.
(4) Medical malpractice attorneys must affirmatively prove that there was medical negligence. This rule means that a plaintiff can not just show that the treatment did not work, the best results were not achieved, or that there was a death or injury, there must have been some action or inaction on behalf of the treating doctor.
(5) In order to show that a doctor did not live up to the standard of care, expert medical testimony must be used. However, there may be no need for expert testimony if the negligence is so grossly apparent that a layperson would easily be able to recognize it.
(6)Simply showing that other medical professionals would have undertaken a different medical treatment is not enough to show medical malpractice. It is necessary to show that the course of treatment deviated from one of the methods of treatment approved by the medical community. This rule is in place because there are many acceptable forms of treatment in some cases, just because one doctor may have done it differently does not clearly show malpractice.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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